In re J.M. CA2/5

Filed 5/3/13 In re J.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re J.M., a Person Coming Under the B241006 Juvenile Court Law. (Los Angeles County Super. Ct. No. MJ20720)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Benny C. Osorio, Judge. Affirmed. Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Chung L. Mar and Brendan Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

J.M., a minor, appeals from the dispositional order. The juvenile court found that on January 2, 2012, the minor committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), a felony. The juvenile court sustained the Welfare and Institutions Code section 602 petition and released the minor home on probation. We affirm the juvenile court order.

II. THE EVIDENCE

On January 2, 2012, the minor was at home with his mother and several siblings. An aroma of marijuana was coming from the minor‟s room. A brother, N.C., confronted the minor. An argument then ensued between the minor and his mother. They were yelling back and forth. N.C. thought the minor was going to hit their mother. N.C. tried to restrain the minor. This occurred while the minor was seated on his bed. N.C. stood over the minor. N.C. put one hand on the minor‟s shoulder. The minor lunged out with his foot. The minor kicked N.C. in the throat. N.C. hit the minor two or three times in the face and chest. The fight lasted about a minute. The two combatants were separated by family members. The minor was still upset. He was breathing heavily and seemed angry. N.C. left the room. Seconds later, N.C heard someone say the minor had a knife. N.C. found the minor in the bathroom with a 9- to 10-inch steak knife. When N.C. entered the bathroom, another brother, M.M., was holding the minor against the wall. M.M. had both the minor‟s hands up against the wall. M.M. was 6 feet, 6 inches tall and weighed over 200 pounds. The minor was 5 feet, 6 or 7 inches tall and weighed approximately 130 pounds. The minor, who had the knife in his hand, was trying to break free. As N.C. entered the bathroom, M.M. was trying to take the knife from the minor‟s hand. The minor was struggling. N.C. stood in front of the minor, inches away. The minor said, “I‟m going to kill you.” The minor jerked the knife in N.C.‟s direction. When testifying, N.C. was